Chapter 15.09 — CONSTRUCTION IN IMPACTED SCHOOL DISTRICTS

The board of supervisors of Mono County concurs that conditions of overcrowding may exist in certain schools in Mono County and may make applicable the provisions of Chapter 4.7 (commencing with Section 65970) of Division 1 of Title 7 of the Government Code and thereby necessitate the provision of means of temporarily providing relief from such overcrowding pursuant to such provisions of the Government Code.

(Ord. No. 22-18, § 1(Exh. A), 12-20-2022)

This chapter shall apply to any ordinance rezoning property to a residential use, the grant of any discretionary permit for a residential use, the approval of any tentative subdivision map for residential purposes and the issuance of any building permit for a dwelling unit, except a permit to replace, repair or alter a previously existing dwelling unit, other than alterations which add a bedroom, or bedrooms, to such dwelling unit.

(Ord. No. 22-18, § 1(Exh. A), 12-20-2022)

For purposes of this chapter, the following terms shall have the following meanings:

A.

"Affected school district" means an impacted school district or a school district in which is located an impacted school.

B.

"Agreement for dedication of land" and "mutual agreement in lieu of dedication of land or payment of fees for interim facilities" means the following:

"Agreement for dedication of land" means mutual agreement between a school district and a developer of a subdivision of over fifty parcels or a multiple dwelling development involving over fifty dwelling units, executed and binding prior to the adoption of any action rezoning property to a residential use, the grant of any discretionary permit for residential use or the approval of any tentative subdivision map for residential purposes, where the total cost of the land to be dedicated is equivalent to the cost of providing temporary building space sufficient in area to accommodate that portion of the estimated enrollment from the proposed development that the parties agree will cause impaction to the district or school as computed and determined when building permits are applied for, calculated on the number applied for.

"Mutual agreement in lieu of dedication of land or payment of fees for interim facilities" means a mutual agreement between a developer and a school district, filed with the Mono County building department by which the developer agrees to contribute land or fees or other assistance, as specified in the agreement, to the school district of a value at least equivalent to the fees otherwise payable under this chapter, for such use as the school district governing board determines to be appropriate, and in consideration of which the school district waives any other right to demand or receive fees or dedication of land under this chapter with respect to the dwelling units which are the subject of the alternative agreement.

C.

"Building permit" means any permit issued by the Mono County building official for construction of a residential unit, including a permit to construct and install electrical or plumbing equipment to service a mobilehome lot or space, excepting a permit to replace, repair or alter a previously existing dwelling unit.

D.

"Classroom and related facilities" means relocatable school buildings, including necessary appurtenances, and furniture, equipment or necessary apparatus to be used in connection with such buildings.

E.

"Developer" means any person, firm or corporation seeking to construct a dwelling unit, or units, or to develop land for residential purposes.

F.

"Dwelling unit" means a building or portion, planned or designed for use as a residence for one family of persons, and having its own bathroom and housekeeping facilities included in said unit. (e.g., a one-family dwelling, each dwelling unit in a two-family dwelling, and each dwelling unit in a multiple dwelling), and includes a mobilehome.

G.

"Impacted school" means a school, whether or not situated in an impacted school district, the attendance area of which is determined to be overcrowded pursuant to Section 15.09.050.

H.

"Impacted school district" means a school district which is determined to be overcrowded pursuant to Section 15.09.050.

(Ord. No. 22-18, § 1(Exh. A), 12-20-2022)

Notwithstanding any provisions of any Mono County ordinance to the contrary, no building permit, except to replace, repair, or alter a previously existing dwelling unit, shall be issued for any dwelling unit within an impacted school district unless the fees prescribed by this chapter have been paid, the land required by agreement to be dedicated has been so dedicated, or there has been filed with the building official by the

governing body of an impacted school district, written notice, on a form provided therefor by the county, that such governing body and the developer have entered into a binding agreement providing for a satisfactory alternative to payment of fees or dedication of land under this chapter, or that the board of supervisors has approved of a residential development as authorized in subsection 2 of Section 65972 of the Government Code.

(Ord. No. 22-18, § 1(Exh. A), 12-20-2022)

A school district shall become eligible to collect the fees received by the county, or accept dedication of land under this chapter when all of the following have occurred:

A.

The school district has submitted to the board of supervisors a resolution making the findings prescribed by Section 65971 of the Government Code that a school attendance area or a school district is overcrowded and that all reasonable methods of mitigating the conditions of overcrowding have been evaluated and no feasible method for reducing such conditions exist and has submitted to the board of supervisors clear and convincing evidence in support of such findings.

B.

The board of supervisors, after hearing at a regular scheduled meeting, has concurred in such findings and has made the following additional findings:

That the general plan provides for the location of public schools;

That this chapter has been in effect thirty days prior to the implementation of the fee for dedication requirement;

That the facilities to be constructed from the fees prescribed by this chapter or any land to be dedicated, or both, is consistent with the general plan;

The location and amount of land to be dedicated, or fees to be paid, or both, bear a reasonable relationship, and will be limited to the needs of the community, for elementary or high school facilities, which shall be limited to interim facilities unless otherwise mutually agreed by the developer and the school district and is reasonably related and limited to the needs for schools caused by the development;

The land or fees, or both, transferred to the school district shall, unless otherwise mutually agreed by the developer and the school district, be used only for the purpose of providing interim elementary or high school classrooms and related facilities.

(Ord. No. 22-18, § 1(Exh. A), 12-20-2022)

Before any permit is issued to construct a dwelling unit or dwelling units in an impacted school district, applicant shall pay the fees, dedicate the land, or both, as required by the board of supervisors by resolution after proper justification by an impacted school district or shall enter into an agreement providing for payment of fees, dedication of land or other assistance accepted by the school district in lieu of the fees otherwise payable under this agreement. Evidence of such agreement shall be provided the building official prior to issuance of a building permit in an impacted school district.

(Ord. No. 22-18, § 1(Exh. A), 12-20-2022)

A.

Any fees provided an impacted school district pursuant to this chapter shall, unless otherwise agreed by the developer and school district, be used only for the purpose of providing interim elementary or high school classrooms and related facilities. Any school district receiving funds pursuant to this chapter in the absence of an agreement with the developer shall maintain a separate account for any fees paid to the district and shall file a report with the board of supervisors of the balance in the account as of the end of each fiscal year. Such report shall specify which attendance areas will continue, in the opinion of the school district governing board, to be overcrowded when the fall term begins and when conditions of overcrowding will no longer exist.

B.

Such report shall be filed not later than August 1st of each year.

C.

This chapter shall become inoperative in any affected school district as of August 1st of any year in which such report indicates conditions of overcrowding will no longer exist in the ensuing fall term in such district.

(Ord. No. 22-18, § 1(Exh. A), 12-20-2022)

A.

The ordinance codified in this chapter shall become operative thirty days after it becomes effective.

B.

The ordinance codified in this chapter is an urgency ordinance for the immediate preservation of the public peace, health and safety and shall take effect immediately. The facts constituting the urgency are as follows: For these school districts that are found to be overcrowded the need for temporary facilities to prevent further overcrowding due to new residential construction is immediate. In order to avoid such further overcrowding there is a need to impose the fees that will be provided under this chapter at the earliest possible date prior to the normal building season.

(Ord. No. 22-18, § 1(Exh. A), 12-20-2022)